Prism Cement Ltd., v. The State Of Telangana,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.23282 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue Writ of Mandamus declaring the action of the respondents in not issuing the necessary orders for grant of mining lease in favour of the petitioner in respect of the land in Sy.Nos.245/A, 245/B and 245/4, admeasuring Ac.3-21 guntas at Makkapally village, Gurrampode mandal, Nalgonda District, though the mining application was submitted by the petitioner on 07-02-2011 and though the Thasildar have already recommended vide letter No.

A/406/2011, dated 31-05-2011 and further though the petitioner have already complied with all the formalities for grant of such mining lease in favour of the petitioner, as illegal, unlawful, contrary to law and consequently direct the respondents to consider the case of the petitioner for issuance of necessary orders granting the above mining lease in favour of the petitioner so as to enable the petitioner to commence his mining operation subject to compliance of the conditions required for grant of such mining lease." Heard Sri M. Damodar Reddy, learned counsel for the petitioner and learned Government Pleader for Mines and Geology for respondents.

According to the petitioner, it made an application for grant of a mining lease for Fledspar and Quartz mineral in respect of the land, admeasuring Ac.3-21 guntas situated in Sy.Nos.245/A, 245/B and 245/4 of Makkapally village, Gurrampode mandal, Nalgonda District on 07-02-2011 to the Assistant Director of Mines and Geology, Nalgonda district - 3rd respondent herein. It is also pleaded that the office of the 3rd respondent also acknowledged

the said application vide letter No.456/ML/2011, dated 07-02-2011 and the petitioner herein also enclosed all the necessary documents. It is also stated that the matter was subsequently referred to the revenue authorities and the Tahsildar, Gurrampode mandal, Nalgonda District vide proceedings No.A/406/2011, dated 31-05-2011 issued no objection also for grant of lease for Fledspar and Quartz as per the area shown in the sketch to an extent of Ac.3-21 Guntas in Sy.Nos.245/A, 245/B and 245/4 of Makkapally village, Gurrampode mandal, Nalgonda District. The grievance of the petitioner is that despite the expiry of considerable length of time, no further action has been taken on the application submitted by him for grant of quarry lease.

Learned counsel for the petitioner submits that according to Rule 24 of the Mineral Concession Rules, it is obligatory on the part of the State to consider the mining lease application within a period of six months from the date of application. In the facts and circumstances, as narrated supra, this Court absolutely finds no justification on the part of the respondent authorities in not taking any final decision on the application of the petitioner herein for grant of mining lease, which is said to have been submitted as long back as on 07-02-2011. Therefore, this Court is of the considered opinion that the ends of justice would be met if a direction is given to the respondents herein to process the application of the petitioner herein and to take appropriate final decision in accordance with law, by fixing some time.

For the aforesaid reasons and having regard to the nature of controversy involved, the writ petition is disposed of, directing the respondents herein to take appropriate action as per law on the application dated 07-02-2011, filed by the petitioner herein, for grant of mining lease in respect of the land in Sy.Nos.245/A, 245/B and 245/4, admeasuring Ac.3-21 Guntas of Makkapally Village, Gurrampode Mandal, Nalgonda District, and communicate the orders thereon, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V. SESHA SAI, J July 28, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.23282 of 2015 July 28, 2015 Pn